12
so. For that reason, under the circumstances of this case, the Court found that
those persons were still to be regarded as facing a situation of extreme gravity and
urgency.
31. To ascertain whether a situation of extreme gravity and urgency in avoiding
irreparable harm exists or persists, the Court may assess the totality of factors,
including political, historical, cultural, or any other sort of circumstances affecting
the beneficiary or placing him or her in a vulnerable situation at a particular moment
capable of infringing his or her rights. This situation may increase or decrease in
time, depending on innumerable variables; but, as has already been stated, only
extreme and urgent situations will be suited to protection via provisional measures.10
32. The Court notes that a contradiction in terms may exist between what the
representatives and the Commission denote a “situation of permanent risk” and the
“temporary” nature of provisional measures as a mechanism of protection for
specific situations of risk and vulnerability. Consequently, the information submitted
is not sufficient to assess the real, present risk that each of these persons may face
in the context of the aforementioned criteria. However, the Court finds that the
vulnerability that the beneficiaries and their families face as victims of the Mapiripán
massacre and, in particular, due to their forced displacement, has not been
completely eliminated.
33. In turn, the Tribunal notes and stresses that these provisional measures have
not been sufficiently or adequately implemented by the State since the time of their
ordering.
In some cases, the lack of communication between beneficiaries,
representatives, and State authorities has brought about this situation.
Furthermore, instances of internal forced displacement have affected the victims’
family members and have made it difficult to adjust compliance with provisional
measures to the particular needs of each family group. However, the State has not
shown that such was a sufficient reason to fail to comply with the Court’s Order and,
primarily, it has neither conducted nor provided risk assessment studies on the
beneficiaries despite having agreed to perform them.
34. The Tribunal has observed in this matter that from the information provided it
is evident that one of the greatest obstacles to the implementation of these
provisional measures is the lack of sufficient and permanent communication between
the beneficiaries and the State in agreeing to the terms of implementation and
knowing the risks faced by the beneficiaries. This has led to the conclusion that the
provisional measures cannot be adequately implemented and therefore lack effect.
The Tribunal regards the presentation of observations and information concerning
compliance with provisional measures as an essential component of the same as it
constitutes a duty on the part of the State, the beneficiaries (or their
representatives), and the Inter-American Commission.
35. In the present matter, the information necessary to assess the request to
rescind provisional measures has not been supplied. For this reason, the Tribunal
will keep them active for a period of six months and will consequently require that
the Commission, the representatives, and the State provide complete and detailed
information containing the relevant elements of proof in order to determine the need
(or not) to maintain these provisional measures in place. The Tribunal cautions that
10
Cf. Case of Liliana Ortega, supra note 10, Considering clause twenty-two; Matter of the Monagas
Judicial Confinement Center (“La Pica”); Capital Region Penitentiary Center Yare I and Yare II (Yare
Prison); Penitentiary Center of the Central-Occidental Region (Uribana Prison); and Capital Judicial
Confinement Center El Rodeo I and El Rodeo II, supra note 8, Considering clause thirty; and Case of Mack
Chang et al. Provisional Measures regarding Guatemala. Order of the Inter-American Court of Human
Rights of November 16, 2009, Considering clause twenty-one.